ISLAMABAD: A group of four Islamabad High Court (IHC) judges seeking to challenge the newly enacted 27th Constitutional Amendment were declined by the Supreme Court and directed instead to approach the recently established Federal Constitutional Court (FCC), it surfaced on Thursday.
Justices Mohsin Akhtar Kayani, Babar Sattar, Sardar Ejaz Ishaq Khan and Saman Rifat Imtiaz had prepared a petition under the now-omitted Article 184(3) of the Constitution, invoking the Supreme Court’s erstwhile original jurisdiction to enforce fundamental rights. Their representation was forwarded to the apex court’s registry; however, officials refused to entertain the plea.
According to sources, the registry noted that Article 184(3) — once a core power of the Supreme Court — no longer exists following recent constitutional amendments. The judges were informed that challenges of this nature must now be filed before the FCC, the very institution whose creation and mandate were questioned in their draft petition.
Sources further disclosed that the four judges did not appear in person at the Supreme Court for filing formalities or biometric verification.
Insiders added that the decision to move the Supreme Court came after months of internal concern within the IHC over what the judges viewed as an “incremental but systematic dismantling” of judicial independence, beginning with the 26th Amendment and intensifying with the passage of the 27th Amendment.
